December 2023 Tulsa Lawyer Magazine by Tulsa County Bar Association

Tulsa Lawyer Lawyer Magazine

December 2023

Happy Holidays

1903

A Message from the President

Michael Esmond 2023-2024 TCBA President

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Golden Rule Award

1st Quarter - John Russell

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The Dilemma of Expert Evidence By Tamara R. Piety

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TULSA LAWYER

In this Issue

December 2023

Raising Awareness – Step One in Addressing the Challenges and Harnessing the Potential of AI in the Practice of Law Michael Esmond

Sponsorship Opportunities

Making Connections with Street Law

VP's Corner - Artificial Intelligence and the Courts Michael Taubman

Law Day Committee- Book Signing, January 23rd The Devil’s Smoke House

2024 Lynn Miller Law Day Book Club

2024 Judicial Dinner

TCBA Community Connections

Lawyers Fighting Hunger Distribution Event ~ November 11th

CAP - Celebrating 5 Years

Judicial Dinner Wish List

McAfee & Taft Off the Record: A Student's Perspective on Finding Balance in Law By Rachel Burrell (1L)

Tulsa Lawyers Recognized at OBA Annual Meeting

Winter CLE Schedule

Veterans Parade Review

Spotlight: Housing Solutions Shandi Stoner, Chief Programs Officer

TCBF Golf Tourney Announced

Continuing Legal Education Opportunities and the Use of Artificial Intelligence

Grapevine

Classifieds

TCBA Contacts, Committees & Sections Tulsa Lawyer 1

A Message from the President

Michael E. Esmond

Raising Awareness –

Step One in Addressing the Challenges and Harnessing the Potential of AI in the Practice of Law Thanks to the efforts of Kevinn Matthews and Spencer Pittman, the TCBA Bench & Bar Committee’s October Meeting initiated a conversation about artificial intelligence (“AI”) and the risks and opportunities that have been identified in light of the rapid expansion of generative AI and its increased use in the legal profession. Mr. Pittman gave a presentation to the Committee that provided valuable insight and laid the groundwork for achieving a better understanding of the technology and the issues that might warrant development of guardrails to prevent misuse. A key takeaway from that meeting is the need to increase awareness about AI among the legal community.

One of the main concerns regarding the use of AI in the legal profession is the phenomenon known as “hallucinations” - fabricated outputs generated by AI large language models and presented with confidence. Hallucinations can manifest as false or non-existent legal authorities. That means AI systems can inadvertently include phantom cases, statutes, or precedents in legal briefs that have the potential to mislead lawyers and courts. Lawyers using AI to draft legal documents must independently verify the accuracy and source of AI-generated content in order to detect and correct any inaccuracies or hallucinations. We can’t simply assume that generative AI outputs are reliable.

Mr. Pittman’s research cited a report that found 86% of lawyers were aware of generative AI but only 36% had tried using an AI tool. Another survey cited by Mr. Pittman found that 30% of attorneys reported a belief that generative AI was “extremely reliable” – a figure that suggests a lack of awareness about the technology’s known propensity for inaccuracies. To do my small part to help spread the word and increase awareness, I wanted to share some things I’ve learned (mostly from Spencer’s presentation, but also from some independent research) about potential pitfalls in the use of AI in the practice of law and some potential issues with the increased use of AI that will be important to keep in mind when advising clients.

Another concern is the potential compromise of confidential information. Attorneys and their clients must understand the implications of inputting data into an AI system. These systems often capture and store their inputs to train their models. Once captured, information may be used by the AI system and can be reviewed by the developer of the system, which can lead to a compromise of confidential client information. It may also result in a violation of a discovery protective order if information designated “confidential” is input into an AI system. In other areas, it can place trade secrets or confidential business information at risk of losing its protected status. Attorneys must take care to avoid unintended disclosure and should advise clients to implement measures to do the same.

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A final area of concern that bears mentioning is the presence of bias in AI systems. Algorithmic decision making and other types of AI are increasingly being used by employers, banks, landlords, and others to screen applicants and make decisions about hiring, lending, leasing, and other matters. The potential problem is that the AI systems used to perform these functions learn to make decisions based on training data, which can include biased human decisions or reflect historical or social inequities. If discriminatory practices are baked into historical data used to train the AI system, AI algorithms may perpetuate the bias. Whether you are advising these types of organizations about the potential exposure that results from use of AI or advising a victim of discrimination about their rights, understanding the role of AI in the process stands to become a standard area of inquiry. If you’ve made it to this point of this letter, I hope you feel enlightened or more aware of some of the issues that confront our profession as a result of the increasing availability and use of AI. As we go through the year, keep an eye out for more articles and other opportunities provided by the TCBA to learn about developments surrounding AI and its implications for the practice of law. If you have thoughts or ideas for programs that can help us further raise awareness and better prepare Tulsa lawyers to deal with these technological advancements, please share. Sincerely, Michael E. Esmond TCBA President, 2023-2024

Christmas Monday, Dec 25 & Tuesday, Dec 26

New Year's Day Monday, Jan 1

Martin Luther King, Jr. Day Monday, January 15

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Making Connections with Street Law Street Law volunteers use every opportunity to connect with students. There are class times when some students are not in attendance due to testing and debate meets. The Street Law Committee volunteers use this class time to work one one-on-one with students who are not active in debate, and often the class, and get them engaged in the activities. Some lessons are repeated to ensure important concepts are understood and every student has had at least one opportunity to participate.

Left: TCBA Member and Street Law Volunteer, Trevion Freeman, shows KIPP Debate Team members how to tie a necktie. This is one example of TCBA volunteers teaching more than legal life skills.

Below: Justice Kuehn stopped by a class.

Two spacious offices available in South Tulsa. Located in Jenks about 15 minutes from the Tulsa County Courthouse (depending on traffic that day) and a stone's throw from Highway 75 and the Creek Turnpike. The office building is across the street from the South Lakes Golf Course right off of Elwood and Main Street in Jenks. The offices come with a common area, a conference room, his and her bathrooms, kitchenette, and limited storage. If interested, please feel free to call Brian Swenson at: (918) 481-5898.

from your TCBA Staff! Tulsa Lawyer 7

Golden Rule Award 1st Quarter - John Russell The TCBA proudly announces John D. Russell as this quarter’s Golden Rule Award winner. John was nominated by Andrew J. Hofland and calls John the consummate professional. He sets the tone among his peers with a tireless work ethic, a keen analytical mind, and meticulous attention to detail. He believes in the service part of “legal services” and takes seriously the awesome responsibility he’s entrusted with—to guide, counsel, and advocate for those anticipating or involved in litigation. Despite having already earned his stripes, he can often be found in an otherwise quiet office on nights and weekends, poring over documents, ensuring that he knows the facts and the relevant case law as well as anyone. Regardless of whatever issues may arise, he treats his clients, co-counsel, opposing counsel, and everyone else involved in the process with the utmost respect—and receives it in return.

Award Criteria

The Golden Rule award is given to lawyers who make outstanding contributions to their professions, have the highest of ideals, and are willing to mentor to those with less experience. Criteria for Award: 1. Recognizes the ethical and professional obligations as an officer of the court, as well as the spirit and intent of the Rules of Professional Conduct. 2. Practices ethically and honestly and is true to his/her word. 3. Strives for the traditional goals of moral excellence. 4. Exhibits the highest standards of fairness and integrity. 5. Sets a model example for conduct with members of the Bar and the Judiciary, not only by words but more importantly deeds. 6. Is civil, courteous and respectful towards the court and his/her opponents.

7 Is loyal to his/her client without trickery and deception and without using abusive practices or misleading the court or opposing counsel.

8 Avoids the temptation to make his/her client’s case into a personal vendetta. 9 Conducts himself/herself in a manner that improves the image of the legal profession in the eyes of the public. 8 Tulsa Lawyer

Even though he’s in high demand, John never fails to make time to mentor the parade of more junior attorneys that show up at his door. He relishes the chance to act as a sounding board. He’s happy to share his thoughts on a brief or argument when asked, even when it’s not his case. As part of GableGotwals’ Professional Development program, he crafts engaging presentations on the practice of law, which act as a sort of finishing school for young associates. Filled with wisdom and practical tips learned over a 35-year career, John’s presentations

GOLDEN RULE 1: capitalized G&R : a rule of ethical conduct : do to others as you would have them do to you 2: a guiding principle

have ranged from how to seamlessly integrate your assistant into your practice to the art of efficient and effective e-mail communication to the invaluable yet matter-of-factly named “How to Succeed as an Associate.” Suffice it to say, the attorneys who get to practice with John reap the benefits of the lessons he shares, whether expressed or by example. But John’s greatest contribution to the Tulsa legal community likely doesn’t come from any particular commercial litigation or white-collar defense matter or from being a good firm citizen. Rather, he has been instrumental in raising the quality of representation afforded to indigent defendants within the Northern District of Oklahoma. A former DOJ-Tax Division trial attorney and Assistant United States Attorney, John’s commitment to a fair criminal justice system that affords each person the right to effective assistance of counsel, regardless of income, led him to the role of Criminal Justice Act Panel Representative for the Northern District. In that capacity, he has devoted time outside of his regular practice to create and implement process improvements for the CJA Panel, a group of qualified and court-approved attorneys eligible for appointment by the Court to represent indigent criminal defendants. He worked to revise the CJA Plan, the governing document for the Panel. He serves on the committee that trains and reviews new applicants to the Panel. He is a conduit for disseminating best practices and legal updates. He was chosen as the Tenth Circuit Representative to the Defender Services Advisory Group, which advises the Administrative Office of the United States Courts on issues impacting CJA Panel representation around the country. In the aftermath of McGirt and with the corresponding explosion of criminal cases in the Northern District, John has been a steadying force within our federal criminal defense bar, helping to ensure that the quality representation provided to indigent defendants wasn’t adversely affected. John was recently inducted as a Fellow in the American College of Trial Lawyers, which selects only those “who have demonstrated the very highest standards of trial advocacy, ethical conduct, integrity, professionalism, and collegiality.” The recognition reflects what many in our legal community have known for some time: John D. Russell exemplifies what it means to practice law the right way. Tulsa Lawyer 9

VP'S CORNER

Michael P. Taubman 2023-2024 Vice President

Artificial Intelligence and the Courts Our justice system has been interfacing with Artificial Intelligence (AI) for years now, but you likely knew of these by other names – metadata, data compilations, privacy protection, electronic preservation, ESI, and so on. We, the collective legal community, brought AI into the practice of law piecemeal. However, the technology has moved beyond establishing a beachhead, and it runs throughout our daily lives, our firms and the Courts. If you’re reading this on your computer, tablet device or smart phone, you’ve touched multiple interactions with AI already just to get here.

preservation, spoliation, cost-shifting and data sampling models. Technology services blossom from the chaos, inventing new ways to capture, process, and identify large volumes of data. The acceleration of machine learning enhances AI over the next two decades, as large models of terms are used to cull volumes of data to locate key communications between conspirators. Data sampling models form the basis of what become the “large language models” (LLM) that are the training materials of the new, end-user generative of AI tools, like GPT-4, Dolly, and ChatGPT just to name a few.

This is going to be an over-simplification for the non-tech. Starting in the 1960’s, metadata or digital “watermarks” were placed in files to indicate document creation and/or revisions. This grows as an issue, and the FRCP 34(a) comes about in the 1970’s for the discovery of “electronic data compilations from which information can be obtained only with the use of detection devices.” This reference to specialized machines coded to detect data compilations = artificial intelligence systems to seek out and identify the metadata and digital watermarks of information discovered in litigation. We’ll leave discussions of safe harbors and data protection to another day, but the precursors of AI were already at work in our courts in the 1970s.

Databases of recent AI cases are being cultivated, for example, by George Washington University Law students in conjunction with the Institute for Trustworthy AI in Law and Society (TRAILS) and a grant from the National Science Foundation. They developed a database to monitor ongoing and completed litigation involving artificial intelligence and machine learning interaction with the Courts.1 The GWU Law database covers litigation about algorithms used in cases involving employment and credit scoring, as well as injury and liability for autonomous vehicles. As the body of law evolves, we shall see more questions about how data is used in AI models and the application of the law to the output of those models.

Fast forward to 2001, and ENRON’s and Arthur Andersen's collapses bring about the need to create more structure on discovery of electronically stored information, preservation, legal holds, and means of capturing data. In time, this gives rise to decisions on uses of electronically stored information (ESI), like Zubalake v. UBS Warburg cases I – V, regarding

Recently, United States District Judge Scott L. Palk in the Western District of Oklahoma published his Chamber Rules to address the use of AI tools in the creation of documents filed with the Court. The

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https://blogs.gwu.edu/law-eti/ai-litigation-database/

learning curve is moving faster, and we must continuously improve to keep up. Although not dispositive of AI uses, these three simple rules begin to address the emergence of lawyers using AI tools in the Court.

DISCLOSURE AND CERTIFICATION REQUIREMENTS – GENERATIVE ARTIFICIAL INTELLIGENCE Chambers of United States District Judge Scott L. Palk2 1. Consistent with Rule 11(b) of the Federal Rules of Civil Procedure, and the certifications required thereunder, the Court directs that any party, whether appearing pro se or through counsel, who utilizes any generative artificial intelligence (AI) tool in the preparation of any documents to be filed with the Court, must disclose in the document that AI was used and the specific AI tool that was used. The unrepresented party or attorney must further certify in the document that the person has checked the accuracy of any portion of the document drafted by generative AI, including all citations and legal authority. 2. If generative AI is utilized in the preparation of any documents filed with the Court, the unrepresented party or attorney will be held responsible for the contents thereof, in accordance with Rule 11 and applicable rules of professional conduct and/or attorney discipline. 3. The failure to make the disclosure and certification described in paragraph 1 may result in the imposition of sanctions.

https://www.okwd.uscourts.gov/wpcontent/uploads/AI_Guidelines_JudgePalk.pdf

James Gotwals & Michael Taubman

CELEBRATE YOU & SUPPORT TCBF By being a member of the TCBA, you are also a member of the Tulsa County Bar Foundation. As a general rule, the funds that come into the Foundation are the result of a fundraising event for our community, and the monies raised are immediately distributed back out into the community through non-profit organizations. In an effort to assist the Foundation, we have implemented a monthly “Fund the Foundation” program. To participate we are asking each member who has a birthday this month to consider making a donation to the Foundation. You can do so with the QR Code shown here. If you are not currently a Fellow, please consider joining that program. As a thank you (and let’s be honest, an encouragement to other members), if you donate before the 10th of the month we will include a shout out to you in the next issue of Tulsa Lawyer Magazine. If you wish to donate or join the Fellows program, please contact Tami Williams at tamiw@tulsabar.com.

The Devil’s Smokehouse There were always two options: the closet or under the bed. In the 1960s, young Jenkins and his sister, Jill, are trying to grow up in a dusty, hardscrabble area a few miles out from a one-stoplight town in the American southwest. It's a long bus ride through farmland to school where both children put on brave faces to cover up for the nights they suffer at the hands of their violent, alcoholic father, to whom they refer as the Devil. In his drunken rampages he regularly beats Jenkins, Jill, and their mother, smashes up the shabby dwelling that serves as their home, and then retreats to his bedroom, his chamber of horrors. As they grow into adolescence, Jill copes by focusing on doing well in school so that she can get out as soon as she can, as Jenkins is sucked into a life of truancy and increasing violence. While contemplating eventual revenge on his father, Jenkins must decide how to handle people and situations whose evil and cruelty will test ordinary readers’ imaginations.

The Law Day Committee in collaboration with Magic City Books is hosting author Justin Jones for a presentation and book signing of his newly released novel,

The Devil’s Smoke House Tuesday, January 23, 2024 7:00PM Tulsa County Bar Center Books may be purchased at the event.

The Devil’s Smokehouse is an unvarnished story of the ravages of rural poverty and an unsparing look at one boy managing to triumph against crushing odds.

“A work of fiction inspired by the author's childhood, The Devil's Smokehouse is the inspiring, painful, exhilarating, disturbing, and at times hilarious journey of a child survivor. One who must cross a line in order to keep surviving. Jones weaves plot twists that are fantastical but believable, as only a survivor could.” —Fury Young, founder of Die Jim Crow Records "It’s a struggle to survive childhood, and that’s the conundrum faced by Jenkins, the narrator of Justin Jones’s coming-of-age mystery novel, The Devil’s Smokehouse. Jenkins underrates the prevalence of evil in his hometown, an impoverished rural community in the middle of the country. Everyone knows everyone in this hamlet where even the local pervert’s identity is an open secret. As he matures, Jenkins uncovers more dark secrets, learning that the twisting threads of big-city drug culture have a stranglehold on some local powerbrokers. Even his own road to nowhere takes an unexpected turn. The Devil’s Smokehouse is a page-turner that is hard to put down." —Sue Hinton, retired English professor, Oklahoma City Community College (OCCC) “Justin Jones captures the raw essence of humanity in all its beauty and grit. Characters leap from the page with intensity, as they grapple with love, violence, loss, and redemption. Instantly compelling, Jones’s writing is full of wisdom and depth as it goes to people's darkest struggles, and also their most glorious moments of triumph." —Royal Young, author of Fame Shark Tulsa Lawyer 13

2024 Lynn Miller Law Day Book Club Ready, set, grab your reading glasses and library cards! It’s time to think about the 2024 Lynn Miller Law Day Book Club book selections. There is plenty of time to secure the books and read ahead. This year’s Book Club discussion leaders are Tana Van Cleave for January, Judge Richard Hathcoat for February, Mark Darrah in March and Kaylind Landes in April. Our excellent discussion leaders have selected a good variety of literary works to pique our interests and engender interesting discussions. Specific dates for the discussion sessions will be announced as determined. If you want to attend any one or more or all book discussions, please email Martha Rupp Carter at mruppcarter@yahoo.com to register yourself and up to one guest. Once you are registered, location details for Book Club will be shared. Registration is limited to fifteen persons per session on a first come, first served basis. Happy reading. Tana Van Cleave will lead January Book Club discussion of Read Dangerously: The Subversive Power of Literature in Troubled Times, by Azar Nafisi. Tana practices on the Housing Team with Legal Aid Services of Oklahoma. She is serving as Co-Chair for the Tulsa County Bar Foundation’s Law Day Committee. Tana resides in Tana Van Cleave Tulsa with a dog and two cats. She loves entertaining, cooking, gardening, and reading. The author of her selected book draws upon experiences of living in the Islamic Republic of Iran, as an immigrant to the United States. and her role in teaching literature in both countries. Important questions of art, power, and political freedom raised in the book will be discussed. Judge Richard Hathcoat will lead discussion for February Book Club of the novel Stoner, by John Williams. Judge Hathcoat served as a Special Judge in the Probate Division until his appointment by Gov. Stitt to the position of District Judge for Tulsa County. Judge Hathcoat gained an appreciation for fine Latin American food and the Dallas Cowboys due to being Judge Richard raised in Dallas. He worked as Hathcoat an Assistant District Attorney in Tulsa after graduation from University of Tulsa Law School. Following that, he worked in private practice in Colorado primarily in criminal defense and preparing title opinions where he fly fished and explored the Rocky Mountains in his free time. His interests include researching and trading collectible watches, scouting first edition books, and supporting several regional college football programs.

Mark Darrah will lead discussion in March of the book he authored, A Catalogue of Common People, a collection of vignettes and essays about “uncommon common people.” In addition to writing fiction and prize-winning essays, Mark wrote some of the first performance mysteries enacted Mark Darrah in this part of the country, including the first performance mystery ever anywhere for a naturist community. He has been a regular contributor to “Studio Tulsa” on Public Radio Tulsa and was the 2018 Carl G. and Gladys L. Herrington Distinguished Lecturer at Rogers State University. Mark was an adjunct judge for the Oklahoma Department of Labor. He is an amateur fiddler. Mark is fascinated by the stories and extraordinary people he encounters in the practice of law. Kaylind Landes will lead discussion in April of Go Set a Watchman, by Harper Lee; this book is the only other published novel by the author of To Kill a Mockingbird. These novels are intertwined. Kaylind graduated with honors from the University of Tulsa where she participated in the Energy Law Journal and the health law moot court team. She received an award for the highest Kaylind Landes grade in Indian Gaming Law and the Order of the Barristers as a top ten student in law school. She served as assistant district attorney in the Tulsa and Rogers County District Attorney Offices. In those offices, Kaylind worked in every aspect of criminal prosecution from charging cases to jury trials. Kaylind works at the Tulsa DUI Guy with primary focus on defending misdemeanor DUI cases. Kaylind volunteers as a coach for the Owasso High School Mock Trial team and is the OSU liaison for her sorority, Pi Beta Phi.

January: Read Dangerously: The Subversive Power of Literature in Troubled Times by Azar Nafisi

February:

Stoner, by John Williams March: A Catalogue of Common People by Mark Darrah April: Go Set a Watchman

by Harper Lee

The Voices of Democracy Law Day theme encourages Americans to participate in the 2024 elections by deepening their understanding of the electoral process, discussing issues in honest and civil ways, turning out to vote, and, finally, helping to move the country forward after free and fair

elections. In this way, Americans ensure that our government remains responsive to the wishes of the people. We invite all Americans to join us on May 1, 2024, to celebrate Law Day by lifting their voices to strengthen our democracy.

Tulsa Lawyer 15

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TCBA Community Connections On Saturday, November 11th, TCBA Volunteers made 'Snowman Soup' with families at Lindsey House. This is a fun project you can do with your own family, too! Families made their snowman faces on their cups, added sprinkles and marshmallows, and got to sit and enjoy some hot coco together. Volunteers even made some grab-and-go bags for families who had to miss the activity.

Tulsa Lawyer 17

Lawyers Fighting Hunger Distribution Event ~ November 11th

Lawyers Fighting Hunger Thanksgiving Huge Success - Provides 1000 Turkeys and Groceries Tulsa, OK-- Lawyers Fighting Hunger held its annual Live Local, Give Local Annual Thanksgiving Event providing 1,000 Tulsa families a good Thanksgiving Dinner. Volunteers gathered on Saturday, November 11th to pack up 1,000 turkey dinners. They distributed about half of the dinners to 18 partner agencies. The remainder of the turkey dinners will be distributed during Iron Gate’s regular grocery pantries the week before Thanksgiving. “Iron Gate has been doing drive-through grocery pantries since March, so we thought this was the best way to distribute the turkey dinners this year,” added Iron Gate Executive Director, Carrie Vesely Henderson. “Our grocery pantry program is up more than 100% over last year, so we know the need is real. And we’re so grateful to Lawyers Fighting Hunger for providing this special turkey dinner for pantry recipients.” Lawyers Fighting Hunger raises all of the money to provide the dinners, which include a frozen turkey and a

TCBA President , Michael Esmond and Hugh Robert of Sherwood, McCormick & Robert.

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number of side dishes. The turkey distribution is a joint effort by Lawyers Fighting Hunger, Live Local Give Local, Iron Gate, and the Community Food Bank of Eastern Oklahoma. The group works with a variety of other organizations including, EduRec, Women in Recovery, Community Service Council Veteran Programs, Habitat for Humanity, DVIS, Life Senior Services, Parkside, and Dayspring Villa. We had 95 volunteers from various law firms, businesses, and organizations show up making it go off perfectly. The faces of hunger are increasing, and we are

shelter and medicine. While this event will not end hunger, it is doing a small part to short that those who live in our community can reach out and help those in our community who need it most with the most fundamental of needs—food.

seeing more of the working poor, grandparents raising their grandchildren on a fixed budget, disabled vets trying to survive on their disability benefits, and families who have three and four jobs just to cover the basic essentials of

Lawyers Helping Lawyers Monthly meeting led by a Lawyers Helping Lawyers Committee member. The small group discussions are intended to give group leaders and participants the opportunity to ask questions, provide support and share information with fellow bar members to improve their lives – professionally and personally.

This event wouldn’t be possible without the support from over 40 Tulsa area lawyers, the Oklahoma Association for Justice, businesses and individual contributors including our platinum sponsors Bare Aesthetics, Boettcher Devinney Ingle Wicker, Bradley Loggin, Graves & McLain, Laizure Law, Sherwood, McCormick & Robert, and Smolen Law and gold sponsors of Brewster & DeAngelis, GT Law Firm, Riggs Abney, Sanders & Associates, Truskett Law, Rhodes Hieronymus, Biby Law Firm, Elias & Elias, Hamilton Murphy, Ken Ray Underwood, Khalaf Law Firm, & Levinson Smith & Huffman.

TCBA Celebrates Five Years of CAP The first official CAP appearance under the auspices of the Tulsa County Bar Association occurred on January 18, 2019. In the almost five years of coordination by the TCBA Pro Bono Committee, CAP Volunteers have helped approximately 2,000 Tulsa County residents. The program persevered through the COVID-19 pandemic and continues to seek volunteers willing to give an hour or two of their time a month to assist our community’s most vulnerable citizens. •

CAP Stats (January 18, 2019 – October 31, 2023) Attorneys Appearances: 498 Hours: 753.50 Cases: 649 Billable Equivalent based on an average $300/hr.: $182,209.75

Tulsa Meetings are held 5:30-6:30 p.m. on the second Thursday of each month at the office of Scott Goode, 1437 S. Boulder Ave., Ste. 1200, Tulsa. scottbgoode@gmail.com

• • •

Oklahoma City Meetings are held 6-7:30 p.m., Visit okbar.org for dates or email debraj@okbar.org. In-person meetings in Oklahoma City are held at the office of Tom Cummings, 701 NW 13th St., Oklahoma City. The group will also meet virtually at the same time using BlueJeans. Email debraj@okbar.org for login information.

The TCBA would like to thank Beth Nellis, CAP Coordinator, and Mac Finlayson, TCBA Pro Bono Committee Chair, for their continued dedication to this program. If you are interested in volunteering, please contact Beth at 918-7603945 or bethnellis@cox.net.

Holidays can be stressful, please reach out for support!

CAP is funded through a grant provided by the Oklahoma Bar Foundation and has been approved for funding for 2024.

Tulsa Lawyer 19

The Dilemma of Expert Evidence By Tamara R. Piety

which it belongs.”4 Frye preceded Daubert and for decades provided the most widely accepted test for expert testimony in both the federal and state legal systems until, fifty year later, Daubert replaced it.

Whenever folks talk about Expert Evidence the question always arises which “test” that a jurisdiction uses, Daubert or Frye? “Daubert” of course refers to the Daubert v. Merrell-Dow Pharmaceuticals, Inc,.1 the case in which the Supreme Court announced that the federal judges should act as “gatekeepers” for expert testimony “to ensur[e] that an expert’s testimony both rests on a reliable foundation and is relevant to the task at hand.”2 In Daubert the Supreme Court announced a famously complex test with many moving parts that has presented more than one lawyer (not to mention more than one federal judge) with a baffling array of factors which may be relevant, none of which is dispositive. In contrast, “Frye”3 is Frye v. United States, the federal circuit court case in which the D.C. Circuit decided held that expert testimony could only be admitted where the subject matter of the expertise had achieved “general acceptance in the particular field in

Few Supreme Court cases have generated as many articles on as Daubert. Now, some thirty years on, it is still being debated and dissected. And much ink has been spilled over the importance of whether a state adopts the Daubert or the Frye standard.5 Oklahoma almost immediately adopted the Daubert standard, but Florida, the state in which I am licensed, took until 2019 to formally adopt Daubert when it did so in adopting a new Evidence Code.6 That fact might lead you to think that there is a big difference between the two standards. And there is in terms of the amount of detail in the respective tests. Frye is simplicity itself, whereas Daubert is apparently maddeningly complex (although, as will be discussed below, appearances are deceiving.) But in terms of substance, there is little real difference. And it turns out that the most pressing type of expert evidentiary question – how is a court to distinguish, in a principled way, astrology from astronomy, admitting testimony as to latter and excluding (by in large) 7testimony about the former? – is left unilluminated by either test. To explain why this is the case we must look more closely at the Daubert test.

Id. at 1014

See Taylor v. State, 889 P. 2d 319, 328 (Okla Crim. App. 1995).

See In Re: Amendment to the Florida Evidence Code, NO SC

19-107 (May 23, 2019). 7

I say “by in large” because, while astrology wouldn’t be a prop-

er topic of expertise for purposes of the substance of the practice 1 2

509 U.S. 579 (1993). Id. 509 U.S. at 597

itself, such testimony might be admissible to explain, for example, what someone who believed in astrology believed if there was evidence that this person’s beliefs formed part of a motive – for example, a serial killer who chose victims on the basis of their astrologi-

293 Fed. 1013 (1923).

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cal “sign” or who believed that his own “chart” predicted violence.

What is known as the “Daubert test” is really two embedded tests. The over-arching test of any expert subject is: (1) is the practice valid? If so, (2) does the expert’s evidence “fit” the case as required by Federal Rule of Evidence 702. Finally, the question is (3) does testimony survive a 403 and 703 analysis for unfair prejudice and the like? 8 The first prong of this test, the validity prong is where we encounter another set of criteria that is most often meant when people speak of “the Daubert test.” (1) Whether a practice “can be (and has been) tested”; (2) Has it been “subjected to peer review and publication”; (3) “Known or potential error rate and the existence and maintenance of standards controlling the technique’s operation.”;

talk next month about why Daubert cannot solve the astrology/astronomy conundrum in the next installment of this article. The answer is intimately tied up with what is the real acid test for admissibility of expertise and that is 702’s requirement, echoed in Daubert, that expertise “assist the jury.” If something is more likely to confuse a jury than illuminate some fact for them, Rule 702 instructs us to exclude it. And if it is hard to know what makes a practice valid, it is even harder to know what to do with evidence that is presented in statistical or probabilistic form, rather than a narrative form. We will explore these issues next.

ABOUT THE AUTHOR

(4) “general acceptance.”9 The Supreme Court was at pains to emphasize that this was a “flexible test” and that some practices might only meet one of these validity criteria and still be admissible.10 That means our old friend, “general acceptance” from Frye may still be enough under the Daubert standard. And indeed, it is possible to read the validity tests in Daubert as just another way of attempting to determine whether something is “generally accepted under Frye. In fact, some pre-Daubert precedent performed just this trick to decide whether tool mark analysis met the general acceptance standard under Frye.11 What this means is that the Daubert test doesn’t advance the courts much past Frye which itself left many of the most vexing problems of expertise unanswered. I will

Daubert, 509 at 592-93

Id. at 593—95.

10 As indeed it demonstrated when it decided to admit forensic sciences and other expertise-based practices on little more than general

acceptance in Kumho Tire. See Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999). 11

See State v. Ramirez, 801 So.2d 836 (Fla. 2001)

Tamara Piety is a Professor emerita of Law at the University of Tulsa College of Law where she taught Evidence, Expert Evidence and Corporate Law. Before coming to TU she practiced law in South Florida and remains an active member of the Florida Bar. Professor Piety is a internationally recognized expert on corporations and the First Amendment and has written extensively on this topic, including her book, Brandishing the First Amendment, which was published in 2012 by the University of Michigan Press. Tulsa Lawyer 21

McAfee & Taft Off the Record: A Student's Perspective on Finding Balance in Law By Rachel Burrell (1L) As a law student, I am constantly thinking about my future in the legal profession. Will I be able to balance a successful career with my personal life? Will I be able to find mentors who understand the challenges of being a working mother? These were just some of the questions I had when I attended the 2023 McAfee & Taft Off the Record event. And, I have to say, I came away with some powerful insights. The event was designed to bring women together to share their experiences in the legal profession. One of the main topics we discussed was how to balance motherhood with a successful career. I was able to hear from and connect with women who had successfully navigated this path. It wasn't easy, but it was possible. I learned that creating balance was all about setting priorities, establishing boundaries, and being open to change. These women inspired me to think outside the box and to be creative when it comes to balancing my own personal and professional life. Another key takeaway from the event was that there are many different ways to practice law. I heard from women who work in corporate and government positions, who use their law degree and expertise every day to make a difference. It was reassuring to see that there are many distinct paths to success in this field.

At the event, I was also impressed by the strong emphasis on networking, mentorship, and support. Many of the lawyers I spoke with emphasized the importance of building a network of peers and colleagues who can offer guidance and advice. This was something I had heard before, but seeing it put into practice made a big difference. I was able to hear from women from various stages of their career and understand their journeys to success. I left the event feeling more confident in my ability to build relationships and connect with others in the legal community. Attending the 2023 McAfee & Taft Off the Record event was truly invaluable. I am motivated and empowered by the women leaders who shared their success stories. I am relieved to see that there are ways to create balance in both family and work, and opportunities exist for women to use their law degree in unique ways. Overall, I am grateful for the experience and for the women who made the event memorable. I strongly encourage students interested in law to attend this event in the future.

TU LAW SCHOOL - BOARD OF ADVOCATES

CHILI FEST November 9th

Tulsa Lawyer 23

Tulsa Lawyers Recognized at OBA Annual Meeting You can count many TCBA members who The Ada Lois Sipuel Fisher Diversity Award were honored at the Oklahoma Bar Association’s 2023 is presented to individuals and organizations committed Annual Meeting. to diversity, equity, and inclusion in the profession. Tom Vincent was recognized or his contributions. Judge Daman Cantrell received the Award of Tom is a shareholder at GableGotwals and is a Judicial Excellence for his character and commitment certified regulatory compliance manager and certified to service, including his leadership within the Oklahoma information privacy professional for the United States. High School Mock Trial Program. The mock trial program allows high school students to model the roles Currently, Mr. Vincent serves as co-chair of attorneys, plaintiffs, and defendants who present of GableGotwals’s Diversity, Equity and Inclusion their cases under the supervision of teacher coaches Committee. He is a member of the Banking Working and attorney advisors. For approximately 36 years, Group of the Law Firm Antiracism Alliance, which Judge Cantrell has devoted extensive time to mentoring focuses on examining the practices and habits of multiple teams. banking and financial institutions to determine how best to dismantle those elements that have the effect In 2003, he created a mock trial team for the of perpetuating racial inequity. He is a member of children in Lakeside Home, a home for children the Tulsa Regional Chamber’s Diversity, Equity and adjudicated as delinquent and needing supervision. Inclusion Advisory Committee, serves on the Board of During the program's first three years, Judge Cantrell Trustees of Riverfield Country Day School and chairs camped out at Lakeside Home on weekends and the steering committee of the RCDS Diversity, Equity, evenings for months. He also coordinated scrimmages Inclusion and Justice Alliance. and spent evenings working with students during this Tom Vincent, time. The program blossomed, advancing through Shareholder at competitions. Judge Cantrell’s participation also GableGotwals, with helped garner additional volunteers and clothing his wife, Rachel donations for Lakeside Home from the Tulsa County Blue, shareholder Bar Association. In 2007-2008, Judge Cantrell began at McAfee & Taft, coordinating the Lakeside Mock Trial Team and the celebrate at the Owasso High School Mock Trial Team, which still 2023 OBA Annual regularly excel in competitions. Meeting. He also often serves as the Law Day chair for Tulsa County, during which he recruits legal scholars to address the community and brings high school students to the Tulsa County Bar Association’s Law Day Luncheon. He has served as a judge in Tulsa County for more than 20 years, initially as a special judge and then as a district judge.

Tulsa County Bar Delegates attend the General Assembly meeting on the morning of November 3. The most important association business of the year takes place at this meeting. This year’s welcome was given by Oklahoma City Mayor, David Holt, Dean and Professor, OCU School of Law. 24 Tulsa Lawyer

Mark S. Darrah received the Earl Sneed Award for outstanding continuing legal education contributions. He has served a prominent role in furthering the mission of the OBA with his dedication to providing CLE. He has presented multiple CLE programs throughout the past year, including at the OBA Solo & Small Firm Conference, in a manner that is easy to understand and meaningful to members. Following programs, he takes feedback to improve and refine his presentations and consistently helps brainstorm new presentation ideas with staff. Mr. Darrah’s suggestion of training for attorneys working with clients experiencing grief initiated the Community Grief Program, presented by a local nonprofit, to give attorneys the tools to better serve clients in grief. His enthusiasm and eagerness are invaluable to the OBA and its membership.

The OBA Golden Gavel Award is given to OBA Committees and Sections performing with a high degree of excellence. This year’s chair, Scott B. Goode, and 2022 Vice Chair, Sheila Naifeh, have helped lawyers navigate mental health and substance abuse issues. Members of the committee help lawyers through difficult and troubling times when they need someone the most. Several lawyers have been longtime members of the committee and consistent volunteers, spending countless hours providing support and safe places for fellow bar members to share their history, successes, and failures. The committee provides education at CLE programs, directs and organizes access to treatment with the OBA’s mental health partner, A Chance to Change, and makes efforts to support members – not only in Oklahoma and Tulsa counties but throughout the state. The Lawyers Helping Lawyers Assistance Program Committee has supported countless bar association members.

The Maurice Merrill Golden Quill is awarded for being the author of the best-written article published this year in the Oklahoma Bar Journal. John D. Russell, Andrew J. Hofland, and Justin A. Lollman collaborated on “The New Second Amendment Frontier: Litigating the Constitutionality of Firearm Offenses Under Bruen’s Text-andHistory Standard,” which was published in the March issue of the Oklahoma Bar Journal. Mr. Russell is co-chair of the White Collar Criminal Defense & Corporate Investigations group at GableGotwals. He has over 30 years’ of experience practicing criminal and civil litigation, including as an assistant U.S. attorney for the Northern District of Oklahoma and a trial attorney for the U.S. Department

of Justice, Tax Division. Mr. Hofland is a trial lawyer at GableGotwals who practices in the areas of white-collar criminal defense, administrative law, and commercial litigation. He previously served as an assistant U.S. attorney for the Northern District of Oklahoma and a Navy judge advocate. He graduated from Notre Dame Law School in 2009. Mr. Lollman is a shareholder at GableGotwals, where his practice focuses on appeals, complex commercial litigation, and white-collar criminal defense. Before entering private practice, Mr. Lollman clerked on the U.S. Court of Appeals for the 7th Circuit and the U.S. District Court for the Northern District of Oklahoma. Tulsa Lawyer 25

26 Tulsa Lawyer

THANK YOU VETERANS! The TCBA Military & Veteran Committee marched during Tulsa's Annual Veterans Day Parade, Friday, November 10th.

Tulsa Lawyer 27

Housing Solutions Shandi Stoner, Chief Programs Officer

What are the main obstacles that stand between you and your mission, and how do you plan to overcome them? Tell us about your organization’s work and how it makes a difference in the Tulsa Community? As the lead agency for the Tulsa area Continuum of Care (A Way Home for Tulsa), Housing Solutions works to make homelessness rare, brief, and non-recurring in Tulsa County. I see our agency make a difference every day through all three of our client-facing divisions – Street Outreach, Landlord Tenant Resource Center, and Criminal Justice Initiative. Our Street Outreach team engages those who are currently experiencing unsheltered homelessness and conducts the critical Point in Time Count for our community. The Landlord Tenant Resource Center (LTRC) offers resource navigation for those experiencing housing instability or threat of eviction. Working closely with the Tulsa County District Court eviction docket, the LTRC has helped change the eviction landscape that historically saw Tulsa ranked 11th in the nation for our eviction rates. Our Criminal Justice Initiative works with those who have criminal justice involvement and are experiencing barriers to housing to try and disrupt the prison to unsheltered homelessness pipeline.

28 Tulsa Lawyer

The main obstacle my agency faces is lack of affordable housing. The Tulsa Housing Study identified this obstacle clearly. This independent study of Tulsa’s housing crisis reveals a $2.45 billion gap that requires an estimated $245 million per year for 10 years from private, public, and philanthropic investments to close. You can learn more about the Tulsa Housing Study at housingsolutionstulsa.org under the “Tulsa Housing Study” tab. Is there anything that you wish more people knew about your organization or the issues you are trying to solve? I hope that people take the time to understand that homelessness and housing instability is a community issue that impacts all our systems. We should all be working to reduce barriers to housing so that our schools, healthcare systems, job force, and social services don’t feel the impacts of this crisis. During our annual Point in Time Count, volunteers surveyed 1,133 individuals currently experiencing homelessness in Tulsa County. From the count, we learned

•

14% are currently employed

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20.5% of respondents are tribal citizens

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30% reported mental health struggles as a cause of homelessness

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54% stated domestic violence was a factor related to their homeless experience

• #1 cause of homelessness reported: Lack of Affordable Housing •

#1 need reported: Housing Placement

How do you measure and report on the effectiveness of your programs? Housing Solutions believes in providing transparent data related to our work. You can see the effectiveness of our programs by navigating to the data dashboards on our website at housingsolutionstulsa.org or tulsaltrc.org. Resourcing and Opportunities What are your most urgent needs regarding the legal community?

to volunteer on the eviction docket. The TCBA Pro-Bono “CAP” program offers litigants who are involved in the eviction process free legal representation. A relatively simple legal process for law trained individuals, the eviction process can be overwhelming and complex for pro-se litigants to successfully navigate. We also need everyone who has landlords in their networks to have conversations around accepting Housing Choice Vouchers through OFHA, THA, or Tribal Nations. This is a critical resource for those facing housing instability and there are currently amazing benefits and incentives for new landlords who are willing to accept vouchers. Engage Supporters If members wanted to get to know the organization better, what are the best ways to learn more? Members who want to know more about Housing Solutions and the community impact we are making should visit our websites housingsolutionstulsa.org or tulsaltrc.org. You can learn more about the work we do, who we are assisting in Tulsa, and sign up for our newsletter to stay up to date on the ongoings of Housing Solutions and A Way Home for Tulsa.

We need more attorneys who want to make a difference in the lives of Tulsa citizens to give a few hours of their time

Tulsa Lawyer 29

TCBF GOLF COMMITTEE ANNOUNCES 2024 TOURNAMENT The Tulsa County Bar Foundation is excited to announce its 2024 Charity Golf Tournament is scheduled for Monday, March 25th, 2023, at Meadowbrook Country Club’s par-71, 6,741-yard championship golf course. We hope you can join us for this long-standing event that has benefited many local charities.

other players, sponsors, and guests. Sponsors are also recognized in the Tulsa Lawyer magazine, the official publication of the Tulsa County Bar Association, which is shared with approximately 2,000 attorneys. Sponsor information will also be posted on the TCBA website and all event signage.

As you are planning your budget for 2024, we would sincerely appreciate your support for our tournament, which provides critical financial funding for worthy charitable beneficiaries. Proceeds from the 2024 tournament will benefit the Iron Gate, Tulsa Lawyers for Children, and Coffee Bunker.

Please get in touch with Tami Williams at the Tulsa County Bar Association at 918-584-5243 or tamiw@tulsabar.com for more information. We hope to see you, your employees, friends, and colleagues for a game of golf, food, and fellowship . . . all for the betterment of the Tulsa community.

As a leader in the community, we know you Sincerely, understand the need to take an active role in supporting area non-profits. Participating in this golf tournament Billy Duncan and Michael Thelen will not only see your sponsorship go back into the TCBF 2024 Golf Tournament Co-Chairs community, but it will also allow you to network with

Mark Your Calendar!

Tulsa Lawyer 31

Continuing Legal Education Opportunities and the Use of Artificial Intelligence Kristin M. Anderson, M.A., RPR, FCRR 2023-2024 NCRA President

The National Court Reporters Association (NCRA) would like to urge caution in regard to potential Continuing Legal Education (CLE) opportunities on the use of Artificial Intelligence (AI) in legal proceedings. We would like to share some validated concerns we have regarding the issue that might protect our colleagues in the legal profession, especially attorneys. NCRA is the professional association for stenographic court reporters who make the official record in legal proceedings. NCRA has been the certifying experts in the record-making business for almost a century, and our members take great pride in capturing the record for attorneys. The speed and accuracy of capturing the record by our members are unmatched. Our members understand that the transcript you rely on for your important work needs to be done in an unbiased and exact manner because every word matters. While we cannot speak to how AI can improve tasks like checking out at a grocery store, ordering food through your phone, or even the research you do for background information for your proceedings, we can speak about the dangers of relying on it for capturing the record. That is our expertise. Understanding that some attorneys may be curious about vendors offering their products as the next greatest thing, we would like to offer some words of caution when it comes to the dangers of AI in legal proceedings. The stenographic court reporter captures what was actually said, gestures, and even puts in correct punctuation to testimony, which brings in the witness's actual meaning to their words. That cannot be said for AI speech recognition.

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Explainability: How was an AI/ASR built? There are many ways it can be accomplished, and without getting too technical here, it is important that professionals are knowledgeable about the design. Depending on the design, a model can be less or more accurate, less, or more secure, and the data used to build it can be safe or unsafe. Without an explanation of the build, it is a huge risk to the results, both in accuracy of transcriptions, security of information, and even security of information used to build the engine.

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Privacy Concerns: AI may involve the processing of sensitive and private information, raising concerns about data security and the potential for misuse or breaches of confidentiality.

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Inaccuracies and Reliability: AI systems are fallible and can produce inaccurate results. In legal proceedings, errors can have significant consequences, affecting verdicts, sentences, or other legal outcomes affecting the life and liberties of people.

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Transparency and Interpretability: Many AI algorithms are complex and not easily interpretable. This lack of transparency can make it difficult for lawyers, judges, and other stakeholders to understand and challenge AI-generated recommendations or decisions.

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Legal Challenges: The legal system may not be adequately prepared to handle disputes or challenges related to AI evidence, standards, and methodologies, leading to legal uncertainty.

Below are just some bullet points of the known shortcomings and dangers of using AI speech recognition in legal proceedings: •

Bias and Fairness: AI systems can inherit biases present in the data on which they are trained. In legal contexts, this can lead to biased decisions, unfairly impacting certain groups or individuals.

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Ethical Concerns: The use of AI in legal proceedings raises ethical questions about the role of human judgment, fairness, and the potential for dehumanizing the legal process.

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Lack of Accountability: When AI systems make mistakes or biased decisions, it can be challenging to assign accountability. This can lead to legal and ethical dilemmas regarding who is responsible for AI-driven errors. Also, there is no human to track the information back to for ultimate accountability or clarification.

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Overreliance: There is a risk that legal professionals may become overly reliant on AI tools, potentially diminishing their critical thinking and decisionmaking skills.

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Costs and Access: Developing and implementing AI systems in the legal field can be expensive,

32 Tulsa Lawyer

potentially creating disparities in access to justice based on the financial resources available to different parties and populations. •

Unintended Consequences: The use of AI can have unintended consequences, such as creating new legal issues or exacerbating existing ones.

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Security Risks: AI systems can be vulnerable to hacking or manipulation, which could compromise the integrity of legal proceedings.

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Traceability Concerns: If a transcript is processed by an AI/ASR system today, three years from now an appeal process may question the accuracy of that transcript. It is important for the appeals court to confirm accuracy on the when, where, and what AI/ASR engine was used and who is responsible for certifying the accuracy of the AI output.

•

Ethical Assurance: Having a stenographic court reporter capturing the record in legal proceedings is not only the gold standard for ensuring you have an accurate, timely, and professional transcript prepared but also that the record being created is watermarked with stenographic notes to preserve the integrity, security, and chain of custody of it as well.

Ultimately, ethical considerations and the protection of individual rights and privacy should be at the forefront when even considering AI in legal proceedings. An attorney's job is hard enough without these additional concerns about the record-making process. For further proof of the dangers of AI, simply look to the news where there are daily examples of dangerous and fake AI-generated stories, songs, and media reports. The National Court Reporters Association would like to be a resource to you and your colleagues on how we can help you provide the best record possible for your clients. With all the noise and flash around AI, we believe it is our job to help you do your job. Responsibility in making the record cannot be shifted to AI or an algorithm. It should be placed with responsible individuals, certified stenographers. While AI might be acceptable in some areas of society, the high stakes, accuracy, and accountability of legal proceedings should be above reproach. We offer this information as a fact check to those offering a cure-all solution (in the form of CLEs or webinars) of AI for your proceedings. Tulsa Lawyer 33

Grapevine News GableGotwals is pleased to announce that Grant Fitz has joined the Firm as a Shareholder. Grant is a seasoned trial lawyer with more than 15 years of experience representing clients in state and federal courts in the areas of business, insurance, and healthcare law. Before private practice, Grant served as an Assistant District Attorney with the Tulsa County District Attorney’s office. During that time, he successfully prosecuted numerous criminal trials and was appointed Chief Prosecutor of the Adult Protective Division. “We are excited to have Grant join the Firm,” said John Dale, GableGotwals CEO. “Grant’s extensive experience litigating complex healthcare, insurance, and business matters make him a fantastic addition to GableGotwals’ litigation team. Grant’s unique skillset will be an asset to our clients and further the Firm’s commitment to providing excellent legal services.” Grant has been recognized by Best Lawyers and Super Lawyers in the areas of insurance litigation, and civil litigation and medical malpractice, respectively. He is the vice president of the Oklahoma Association of Defense Counsel and is affiliated with the Defense Research Institute. Grant is an alumnus of Indiana University, where he graduated with a bachelor’s degree in criminal justice, and received his Juris Doctorate from The University of Oklahoma College of Law.

both peer and judicial review. Chartered in 1954, the Academy’s general purposes are to cultivate the science of jurisprudence, promote reforms in the law, facilitate the Administration of Justice, and elevate the standards of integrity, honor, and courtesy in the legal profession

Dan Folluo of Rhodes, Hieronymus, Jones, Tucker & Gable was inducted as a Fellow of the International Academy of Trial Lawyers (IATL) during its 2023 annual meeting. The International Academy of Trial Lawyers limits membership to 500 Fellows from the United States in addition to Fellows from nearly 40 countries across the globe. IATL seeks out, identifies, acknowledges, and honors those who have achieved a career of excellence through demonstrated skill and ability in jury trials, trials before the court, and appellate practice. Members are engaged in civil practice on both the plaintiff’s and the defendant’s side of the courtroom, and the trial of criminal cases. The Academy invites only lawyers who have attained the highest level of advocacy. A comprehensive screening process identifies the most distinguished members of the trial bar by means of

Topic: Book Insights - "Worse than Nothing: The Dangerous Fallacy of Originalism” Event Date: Thursday, February 1, 2024 Event Time: Promptly at 11:30 am -1:00 pm Event Location: The University of Tulsa College of Law, The Price and Turpen Courtroom RSVP: natasha-odom@utulsa.edu

34 Tulsa Lawyer

The University of Tulsa College of Law is honored to welcome the esteemed Erwin Chemerinsky as our distinguished guest speaker for The John W. Hager Distinguished Lecture in Law. With a career spanning over four decades, Dean Chemerinsky, the Jesse H. Choper Distinguished Professor of Law at Berkeley Law and the esteemed Dean of the University of California Berkeley School of Law, is renowned as the preeminent figure in Supreme Court and Constitutional law in the United States. His expertise and invaluable contributions have solidified his position as the leading authority in this complex discipline. With a prolific career spanning universities such as UC Irvine, Duke, and USC, and numerous appearances before the Supreme Court representing clients, including in the seminal case Van Orden v. Perry, Chemerinsky has published over sixteen books, including prescient works such as his latest, "Worse than Nothing: The Dangerous Fallacy of Originalism." We eagerly anticipate the wealth of wisdom and insight he will impart upon our attendees.

SAVE THE DATE TU Law Diversity Day Friday, February 9th

Classified Ads Jon Starr Mediator and Arbitrator Contact DRC for scheduling 918-382-0300 Submission, Grapevine & Advertising Information Visit www.tulsabar.com

Subscriptions to Tulsa Lawyer are available for $40.00 a year to those who are not Tulsa County Bar Association members or others who do not currently receive the publication. Contact tamiw@tulsabar.com

STEIDLEY & NEAL, PLLC, is seeking an associate attorney with a minimum of 2 to 5 years of experience for its Tulsa office. Competitive salary and benefits commensurate with level of experience. Looking for a motivated candidate interested in all aspects of civil litigation, including some research and writing, with an emphasis in insurance defense. Applications will be kept in strict confidence. Send resume, references, and salary requirements to Steidley & Neal, located in CityPlex Towers, 53rd Floor, 2448 E. 81st St., Tulsa, OK, 74137, attention Ruth Miley, Legal Administrator or via email rem@steidley-neal.com

JOIN US!

The Law Day Committee will host a showing of the movie

Cars

Thursday, February 29th 6p at the Bar Center

and TCBA members and their families are invited to attend. The cost is FREE and popcorn, snacks, and beverages will be available for purchase. Tulsa Lawyer is a monthly publication of the TCBA. The TCBA does not necessarily share or endorse the opinions expressed in the materials published. The views are those of thoughtful contributors. Similarly, advertising does not imply endorsement by the TCBA of products or services or any statements concerning them.

Tulsa Lawyer 35

2023-2024 TCBA CONTACTS, COMMITTEE & SECTION CHAIRS www.tulsabar.com PHONE: 918-584-5243

FAX: 918-592-0208

1446 South Boston, Tulsa, OK 74119-3612 Executive Director Tami Williams tamiw@tulsabar.com Ext. 1002

Front Desk Coordinator

Membership Director CLE, Sections & Committees Heather Heck heatherh@tulsabar.com Ext. 1001

Accounting accounting@tulsabar.com

General Inquiries

frontdesk@tulsabar.com Ext. 1000

Lawyer Referral & Community Resource Navigator Jeril Haug jerilh@tulsabar.com Ext. 1003

Tulsa Lawyer Editor - Michael Taubman michael@tulsafirm.com Associate Editor - Milly Dunlap Tulsa Lawyer Submissions - tulsabarnews@yahoo.com

TCBA OFFICERS

President.....................................................................Mike Esmond Past President...............................................................Philip Hixon President-Elect....................................................Stephanie Jackson Vice President......................................................Michael Taubman Secretary....................................................................... Lizzie Riter Treasurer..................................................................... Austin Birnie Budget/Internal Operations.......................................Barrett Powers Foundation President ..................................................Justin Munn Director at Large (1) Large Firm.................................Austin Birnie Director at Large (2) Large Firm................................ Natalie Sears Director at Large (1) Medium Firm.........................Jennifer Struble Director at Large (2) Medium Firm..................................Kara Pratt Director at Large (1) Small Firm............................Linda Morrissey Director at Large (2) Small Firm..................................Mark Smith Director at Large (2) Public Sector.................. Judge April Seibert ABA Delegate............................................................. Molly Aspan OBA Delegate................................................................Rick White Library Trustee (1)..................................................... Kim Vojvoda Library Trustee (2)........................................................ Julie Evans Presiding Judge .......................................... Hon. Doug Drummond Chief Judge, U.S. District Court ...................Hon. John F. Heil, III Chief Judge, Tulsa Municipal Court..........Hon. Gerald Hofmeister TU Law School Student Representative ..............Taylor Williams TU Law School Representative..................................Natalie Leone

YOUNG LAWYERS DIVISION BOARD

YLD Chair.........................................................Colton Richardson YLD Chair Elect...................................................Lacy Williamson YLD Vice President........................................................Kyle Trice YLD Treasurer......................................................Pierre Robertson YLD Secretary..........................................................Kaia Kennedy

FOUNDATION APPOINTMENTS

Law Day Co-Chairs ..............Tana Van Cleave and Mary Clement Community Outreach................................................ Ashley Webb Golf Co-Chairs..............................Billy Duncan & Michael Thelen Scholarship Chair........................................................Randy Lewin

FOUNDATION

President.....................................................................Justin Munn Vice President...........................................................Billy Duncan Treasurer...........................................................Catherine Hoopert Trustee........................................................................Jim Gotwals Trustee...........................................................................Ann Keele Trustee..........................................................................Rick White Trustee...............................................................Michael Taubman Trustee.........................................................................Lizzie Riter Trustee.......................................................................Chad McLain Trustee........................................................................Kara Vincent TCBA President.......................................................Mike Esmond TCBA Pres. Elect..............................................Stephanie Jackson

COMMITTEE CHAIRPERSONS

Access to Justice...............................................Pansy Moore-Shrier Animal Law..................................................... ..........Katy Inhofe Bench & Bar........................................................Kevinn Matthews Bench & Bar Co-Chair..................................... ........Diana Cupps Children & the Law.......................................................Lizzie Riter Children & the Law Vice Chair..........Timothy Michaels-Johnson CLE..................................................................Pansy Moore-Shrier Diversity................................................................................TBA Fee Arbitration.............................................................Scott Savage Law Related Education / Street Law.............................Co-chairs .......................................................Pierre Robertson , Kara Vincent Lawyer Referral............................................... .........Karen Wilkins Membership Services.......................................................Kara Pratt Mentoring......................................................... ........Shena Burgess Military/Veterans ............................................ ......Mitchell Garrett Military/Veterans Co-Chair.............................. ...Hon. David Guten Nominations & Awards.................................... ...........Philip Hixon Pro Bono................................................................. Mac Finlayson Professionalism................................................ .............Rick White Public Relations/Social Media ..................................Collaborative Special Events.................................................. ..........Natalie Sears Tulsa Lawyer.................................................... ...Michael Taubman Young Lawyers Division...................................Colton Richardson

SECTION CHAIRPERSONS

ADR/Mediation...........................................................Diana Cupps Bankruptcy....................................................... ..Hon. Paul Thomas Business/Corporate..........................................Whitney Humphrey Criminal Law................................................... ............Daniel Levy Energy & Mineral Law.............................................Buford Pollett Employment Law............................................. .......................Open Family Law............................................Anastasia Krich-Mahoney Family Law Co-Chair...................................... ....Jordan Dalgleish Health Law....................................................... . . . . . . . . . . . . . . . . . . . . . Juvenile Law.................................................... .............Lizzie Riter Juvenile Law Co-Chair.........................Timothy Michaels-Johnson Litigation.....................................................................Melissa East Municipal Law........................................................................Open Paralegals/Legal Assistant....................................Kathryn Keener Paralegal /Legal Assistants Vice Chair.....................Gloria Jones Probate/Estate/Elder.........................................................Co-chairs ....................................... ...................Kelly Jones, Phillip Jennings Solo/Small Firm .......................................................Mary Clement Tax............................................................................John Gotwals Technology .....................................................Pansy Moore-Shrier Workers Comp...........................................................Valerie Evans * Section Chairs will be updated as positions are filled

Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119